DCIT, INTERNATIONAL TAXATION, CIRCLE- 2, DEHRADUN v. SMITH INTERNATIONAL INC, DEHRADUN

ITA 6177/DEL/2017 | 2012-2013
Pronouncement Date: 08-11-2021 | Result: PartlyAllowed

Appeal Details

RSA Number 617726014 RSA 2017
Assessee PAN AAHCS3148R
Bench Dehradun
Appeal Number ITA 6177/DEL/2017
Duration Of Justice 4 year(s) 1 month(s) 5 day(s)
Appellant DCIT, INTERNATIONAL TAXATION, CIRCLE- 2, DEHRADUN
Respondent SMITH INTERNATIONAL INC, DEHRADUN
Appeal Type Income Tax Appeal
Pronouncement Date 08-11-2021
Appeal Filed By Department
Order Result PartlyAllowed
Bench Allotted DB
Assessment Year 2012-2013
Appeal Filed On 03-10-2017
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL DEHRADUN BENCH DEHRADUN Before Sh. Amit Shukla Judicial Member Dr. B. R. R. Kumar Accountant Member ITA No. 6177/Del/2017 : Asstt. Year : 2012-13 DCIT Circle-2 International Taxation Dehradun Vs Smith International Inc. C/o Nangia & Co. 3 rd Floor NCR Plaza Municipal No. 24A New Cantt. Road Dehradun (APPELLANT) (RESPONDENT) PAN No. AAHCS3148R Assessee by : Sh. Bhaumik Sanghvi CA Revenue by : Sh. T. S. Mapwal Sr. DR Date of Hearing: 09.11.2021 Date of Pronouncement: 09.11.2021 ORDER Per Dr. B. R. R. Kumar Accountant Member: The present appeal has been filed by the Revenue against the order of the ld. CIT(A)-2 Noida dated 26.07.2017. 2. According to Circular No. 17/2019 dated 08/08/2019 the CBDT in supersession of earlier instructions has directed that department’s appeals before ITAT shall not be filed in cases where the tax effect does not exceed the monetary limit of Rs. 50 lacs. The tax will not include any interest thereon. It is further clarified that even if in the case of an assessee disputed issues arise in more than one assessment year appeal cannot be filed in respect of such assessment year or years in which the tax effect in respect of disputed issues exceeds the monetary limit so specified. ITA No. 6177/Del/2017 Smith International Inc. 2 3. Admittedly in the departmental appeal the tax effect is less than Rs. 50 lacs therefore departmental appeal is not maintainable. The Ld. DR could not bring to our notice any exceptions mentioned in the said Circular. 4. In the result the appeal of the Revenue is dismissed. Order Pronounced in the Open Court on 09/11/2021. Sd/- Sd/- (Amit Shukla) (Dr. B. R. R. Kumar) Judicial Member Accountant Member Dated: 09/11/2021 *Subodh Kumar Sr. PS* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR